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TITLE OF BILL: An act to amend the election law, in relation to voter registration and enrollment

PURPOSE: Improves access to voter registration materials and information for high school and college students.

SUMMARY OF PROVISIONS: Section 1 amends § 5-211 of the election law to add a new subdivision 18 requiring all colleges, universities and public high schools to make voter registration forms available to eligible students within 3 weeks of their arrival on campus, designate a location for distribution of and assistance with such forms, and to submit any forms collected to the local board of elections.

Section 2 amends § 5-211 of the election law to add public school districts, colleges and universities to the list of agencies and offices subject to the provisions of Motor Voter, with duties and obligations set forth in subdivision 18.

Section 3 amends subdivision 8 of § 5-211 of the election law to add public school districts, colleges and universities to the list of agencies and offices subject to the provisions of Motor Voter, with duties and obligations set forth in subdivision 18.

Section 4 provides that an applicant who submits a applicant to register to vote must be at least 17 years of age at the time of submission. (Under current law, such applicant may be 17 only if he or she will be turning 18 within the same calendar year.) A registered voter's eligibility to cast a ballot will continue to commence on the voter's 18th birthday.

Section 5 provides an effective date of July 1, 2010 for college and universities, and July 1, 2011 for public school districts.

JUSTIFICATION: According to the results of an extensive study conducted by my office of colleges in New York State, both public and private institutions are remiss of Federal Law which requires them to make voter registration forms readily accessible to enrolled students.

The report, Youth At the Polls: A Survey of Voter Registration at NYS Colleges, surveyed over 60 schools across the state. under a 1998 Amendment of the Higher Education Act, all colleges in good faith are required to provide voter registration forms to students physically on campus before the state's deadline for federal and gubernatorial elections. New York State election law also requires every public college and university (SUNY CUNY) to provide voter registration forms to every student at the start of each academic year and in January of presidential election years.

Despite the state and federal mandate, a quarter of public schools surveyed were not equipped to register students to vote, and 90% failed to send students voter registration materials in the mail. Of private schools, only 50% made voter registration materials available on campus, and 0% offered information via a posting.

This bill would clarify the means by which colleges and universities must satisfy their existing obligation to make voter registration materials available to their students.

Expanding the law will allow us to enroll more voters while they are still students in the public education system, thereby increasing the likelihood of civic engagement and strengthening our democracy. This bill is put forth in the memory of the late Dr. Ray Seidelman, who taught, mentored, and engaged students in Politics at Sarah Lawrence College for over twenty-five years. Sharing his belief in the electoral process and grass roots democracy, he inspired his students to actively participate in elections at all levels. Dr. Seidelman's definition of democracy, "Democracy is not what we have, it is what we aspire to be. So dare to aspire to it, for in the process you become a democratic citizen. It takes courage to live as a democratic citizen, and that's why we fight for it; this will involve you in great risks, but it's worth it because it will make you free." Ray believed in the intrinsic value of political participation, for what it brings into being within and between people joined in the struggle to create a slightly more human life by pursuing justice, freedom, equality, and democracy. He is known as a teacher linking theory with practice, intellectual development with public-service learning, and political theory with the duties and responsibilities of citizenship.

EFFECTIVE DATE: This act shall take effect July 1, 2011; provided, however ,that the provisions of this act shall only apply to school districts on and after July 1, 2012.

Text

STATE OF NEW YORK
________________________________________________________________________
542
2011-2012 Regular Sessions
IN SENATE
(PREFILED)
January 5, 2011
___________

Introduced by Sens. KLEIN, BRESLIN, DIAZ, DILAN, HASSELL-THOMPSON, HUNT-
LEY, KRUEGER, MONTGOMERY, OPPENHEIMER, SAMPSON, STAVISKY -- read twice
and ordered printed, and when printed to be committed to the Committee
on Elections
AN ACT to amend the election law, in relation to voter registration and
enrollment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 5-211 of the election law is amended by adding a
new subdivision 18 to read as follows:
18. ALL COLLEGES, UNIVERSITIES AND PUBLIC HIGH SCHOOLS LOCATED IN THIS
STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY ELIGIBLE
STUDENTS IN THE SAME MANNER AND SUBJECT TO THE SAME PROVISIONS AND RULES
AND REGULATIONS AS ALL OTHER DESIGNATED AGENCIES; EXCEPT THAT A COLLEGE,
UNIVERSITY OR PUBLIC HIGH SCHOOL SHALL NOT BE REQUIRED TO COLLECT OR
MAINTAIN FORMS CONTAINING AN INDIVIDUAL'S DECLINATION TO REGISTER TO
VOTE AS REQUIRED BY SUBDIVISION TEN OF THIS SECTION, OR TO CONDUCT A
STUDY AND REPORT THEREON AS REQUIRED BY SUBDIVISION SEVENTEEN OF THIS
SECTION.
EACH COLLEGE, UNIVERSITY AND PUBLIC HIGH SCHOOL SHALL PROVIDE EACH
ELIGIBLE STUDENT WITH A REGISTRATION FORM WITHIN THE FIRST THREE WEEKS
OF SUCH STUDENT'S ENTRY TO SCHOOL OR ARRIVAL ON CAMPUS PURSUANT TO
SUBDIVISIONS TWO, THREE, FOUR, FIVE, SEVEN, NINE, ELEVEN, TWELVE AND
FIFTEEN OF THIS SECTION. EVERY COLLEGE, UNIVERSITY AND PUBLIC HIGH
SCHOOL SHALL DESIGNATE AT LEAST ONE CONVENIENTLY LOCATED OFFICE WHERE
STUDENTS MAY RECEIVE VOTER REGISTRATION FORMS AND PERSONAL ASSISTANCE IN
THE COMPLETION OF SUCH FORMS. EACH SUCH OFFICE SHALL PUBLICIZE ITS VOTER
REGISTRATION SERVICES PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, AND
SHALL OFFER TO COLLECT AND TRANSMIT COMPLETED VOTER REGISTRATION FORMS

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00647-02-1

S. 542 2

FROM STUDENTS TO THE LOCAL BOARD OF ELECTIONS PURSUANT TO SUBDIVISIONS
TWO, THREE, FIVE, NINE, ELEVEN, TWELVE AND FIFTEEN OF THIS SECTION.
ANY COLLEGE, UNIVERSITY OR SCHOOL DISTRICT MAY ELECT TO SOLICIT ONE OR
MORE RECOGNIZED NON-PARTISAN CAMPUS BASED ORGANIZATIONS OR STUDENT
GROUPS TO ASSIST IN ITS EFFORTS TO OFFER PERSONAL ASSISTANCE, COLLECTION
AND TRANSMITTAL OF VOTER REGISTRATION FORMS.
IN ADDITION TO THE REQUIREMENTS OF SUBDIVISIONS TWO, FIVE AND EIGHT OF
THIS SECTION, ALL COLLEGES AND UNIVERSITIES OFFERING VOTER REGISTRATION
SERVICES SHALL INFORM STUDENTS OF THEIR RIGHT TO COMPLETE A VOTER REGIS-
TRATION FORM FROM THEIR COLLEGE OR PREVIOUS ADDRESS; INFORM STUDENTS
THAT THEIR DECISION TO REGISTER OR DECLINE TO REGISTER TO VOTE SHALL
HAVE NO BEARING ON THEIR COLLEGE OR UNIVERSITY RECORD; AND NOTWITHSTAND-
ING THE PROVISIONS OF SUBDIVISION NINE OF THIS SECTION, SHALL NOT
INQUIRE OR KEEP RECORDS PERTAINING TO ANY STUDENT'S ELIGIBILITY TO VOTE.
IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF THIS SECTION,
ALL COLLEGES, UNIVERSITIES AND SCHOOL DISTRICTS SHALL PLACE A PROMINENT
LINK ON THEIR INTERNET HOMEPAGE TO THE APPROPRIATE PAGE OF THE INTERNET
WEBSITE OF THE STATE BOARD OF ELECTIONS FOR INDIVIDUALS TO LEARN ABOUT
THE QUALIFICATIONS TO VOTE, AND TO DOWNLOAD A VOTER REGISTRATION FORM,
EXCEPT THAT FOR COLLEGES AND UNIVERSITIES IN THE CITY OF NEW YORK AND
FOR THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK SUCH LINK SHALL BE
TO THE APPROPRIATE PAGE OF THE INTERNET WEBSITE OF THE NEW YORK CITY
BOARD OF ELECTIONS.
THE STATE BOARD OF ELECTIONS AND, IN THE CITY OF NEW YORK, THE NEW
YORK CITY BOARD OF ELECTIONS SHALL OFFER COLLEGES, UNIVERSITIES AND
SCHOOL DISTRICTS THE OPPORTUNITY TO USE CODED VOTER REGISTRATION APPLI-
CATIONS THAT IDENTIFY EACH SUCH APPLICATION AS ORIGINATING FROM EITHER A
COLLEGE, UNIVERSITY OR PUBLIC HIGH SCHOOL. IF A COLLEGE, UNIVERSITY OR
SCHOOL DISTRICT ELECTS TO USE CODED VOTER REGISTRATION APPLICATIONS, IT
SHALL BE EXEMPT FROM ALL REPORTING REQUIREMENTS OF THIS SECTION. THE
STATE BOARD OF ELECTIONS SHALL MAKE AVAILABLE AND PROVIDE FOR THE DELIV-
ERY OF SUCH CODED APPLICATIONS TO ANY COLLEGE, UNIVERSITY OR SCHOOL
DISTRICT WITHIN THE STATE WHICH SUBMITS A REQUEST THEREFOR.
EVERY BOARD OF ELECTIONS SCANNING VOTER REGISTRATION FORMS SHALL
CAPTURE ANY DESIGNATED AGENCY CODES THEREON AND REPORT THEM ON A MONTHLY
BASIS TO THE STATE BOARD OF ELECTIONS.
S 2. The opening paragraph of section 5-211 of the election law, as
amended by chapter 200 of the laws of 1996, is amended to read as
follows:
Each agency designated as a participating agency under the provisions
of this section, AND COLLEGE, UNIVERSITY AND SCHOOL DISTRICT, shall
implement and administer a program of distribution of voter registration
forms pursuant to the provisions of this section. The following offices
which provide public assistance and/or provide state funded programs
primarily engaged in providing services to persons with disabilities are
hereby designated as voter registration agencies: designated as the
state agencies which provide public assistance are the department of
[social services] FAMILY ASSISTANCE and the department of health. Also
designated as public assistance agencies are all agencies of local
government that provide such assistance. Designated as state agencies
that provide programs primarily engaged in providing services to people
with disabilities are the department of labor, office for the aging,
division of veterans' affairs, office of mental health, office of voca-
tional and educational services for individuals with disabilities,
commission on quality of care for the mentally disabled, office [of
mental retardation and] FOR PEOPLE WITH developmental disabilities,

S. 542 3

commission for the blind and visually handicapped, office of alcoholism
and substance abuse services, the office of the advocate for the disa-
bled and all offices which administer programs established or funded by
such agencies. Additional state agencies designated as voter registra-
tion offices are the department of state and the division of workers'
compensation. Such agencies shall be required to offer voter registra-
tion forms to persons upon initial application for services, renewal or
recertification for services and change of address relating to such
services. Such agencies shall also be responsible for providing assist-
ance to applicants in completing voter registration forms, receiving and
transmitting the completed application form from all applicants who wish
to have such form transmitted to the appropriate board of elections. The
state board of elections shall, together with representatives of the
department of defense, develop and implement procedures for including
recruitment offices of the armed forces of the United States as voter
registration offices when such offices are so designated by federal law.
The state board shall also make request of the United States Immigration
and Naturalization Service to include applications for registration by
mail with any materials which are given to new citizens. [All insti-
tutions of the state university of New York and the city university of
New York, shall, at the beginning of the school year, and again in Janu-
ary of a year in which the president of the United States is to be
elected, provide an application for registration to each student in each
such institution.] The state board of elections may, by regulation,
grant a waiver from any or all of the requirements of this section to
any office or program of an agency, COLLEGE, UNIVERSITY OR SCHOOL
DISTRICT, if it determines that it is not feasible for such office or
program to administer such requirement.
S 3. The opening paragraph of subdivision 8 of section 5-211 of the
election law, as amended by chapter 659 of the laws of 1994, is amended
to read as follows:
Each participating agency, department, division or office that makes
available voter registration forms pursuant to this section shall offer
with each application for the services or assistance of such agency,
department, division or office and with each recertification, renewal or
change of address form relating to such service or assistance, a regis-
tration form together with instructions relating to eligibility to
register and for completing the form, except that COLLEGES, UNIVERSITIES
AND SCHOOL DISTRICTS SHALL DISTRIBUTE VOTER REGISTRATION FORMS IN
ACCORDANCE WITH SUBDIVISION EIGHTEEN OF THIS SECTION, AND forms used by
the department of [social services] FAMILY ASSISTANCE for the initial
application for services, renewal or recertification for services and
change of address relating to such services shall physically incorporate
a voter registration application in a fashion that permits the voter
registration portion of the agency form to be detached therefrom. Such
voter registration application shall be designed so as to ensure the
confidentiality of the source of the application. Included on each
participating agency's application for services or assistance or on a
separate form shall be:
S 4. Paragraph (g) of subdivision 5 of section 5-210 of the election
law, as amended by chapter 179 of the laws of 2005, is amended to read
as follows:
(g) Notice that the applicant must be a citizen of the United States,
is [or will be at least eighteen years old not later than December thir-
ty-first of the calendar year in which he or she registers] AT LEAST

S. 542 4

SEVENTEEN YEARS OLD WHEN HE OR SHE SUBMITS AN APPLICATION TO REGISTER TO
VOTE and a resident of the county or city to which application is made.
S 5. This act shall take effect July 1, 2011; provided, however, that
the provisions of this act shall only apply to school districts on and
after July 1, 2012.

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